St. Paul daily globe., 1887-05-10

small amount being pald ds cdi iho2o
money. Since that time the defendants
have refused to acknowledge the con-
tract, and the plaintiff brings THESE ac-
tionS to enforce the same.
SUPREME COURT.
The supreme court yesterday affirmed
by stipulation the order of the court pc
low in the case of William ii. LAIRD,
James l.. Norton ct al, appellants, VS.
Eugene w. Young and Emma l.. Young,
his wife, and Charles III. ChadDOurne,
respondents. The libel suit OF Patrick
II. MOriarity, respondent, VS.. Ploneer
Press company, appellant, and the cases
OF Eliza Murphy, respondent, VS.. MIME
apOlis d st. Louis Railway company,ap-
pellant and &. Il. Smith, ct al, appel
lants, VS.. A. n. Barringer. ct al, re-
spondents, were argued and submitted.
DECISIONS.
Horace w. Pratt and e.. w. Porter, re-
spOndents, VS.. John j. Duncan, appel
liant.
Syllabus: The state does not author
ize lien for filling in and grading the
earth about buildings already erected,
the work being unconnected with tne
erection, alteration or repair OF any.
building or structure upon the premises.
Judgment affirmed. DICKINSON, j.
Frederick w. Lindsey, respondent. VS..
The Chicago, Milwaukee & st. Paul
Railway company, appellant.
Syllabus: The general rule or the
absolute liability of common carrier
for the safe transportation and dellyery.:
of property committed to it for carriage
is applicable, although the property con-
siStS of live stock, but subject to the eX-
ceptiOn that it is not an insurer against
injuries resulting from the inherent ma
tnrp T. SitinC nf tho animals and
without fault of the carrier.
In an action for the death OF live
stock in the course of transportation
and wholly under the care of the car
rler, the burden of proof is upon the de-
fendant to show that the cause of the
death was within the exception qualify
ing its general liability.
Evidence of circumstances under
which the stock in this case died held
sufficient to justify the jury i'll finding
the defendant to have been negligent.
1t appears that carload of stock IN
transit was suffering greatly-probably
from heat. 1t was not Objectionable to
ask an expert witness what course the
carrier might properly pursue for their
relief.
A charge that fact in issue must be .
proved to the satisfaction of the jury by.
a prepOnderance of the evidence held,
III COIlllCCliOll WIFI Quiet W
mean only that the burden of proof
must be sustained by evidence which
the jury deem to be preponderant.
Order refusing a new trial affirmed.
DICKINSON, j.
COURT NOTES.
Judge Smons has filed decree granting
divorce to Elizabeth Grant from Charles B.
Grant on the grounds of habitual drunken
ness on the part of the defendant.
Josiah Fairchild has brought suit against
Patrick Kelly to have the partnership hereto,
fore existing between them III certain real
estate deals dissolved, and the business be
settled up.
In the case of John Tarrant against the Du-,
luth Lumber company in which the plaintiffs
brings suit for infringement of patent on a
log rolling device, Judge Nelson, of the
United States Circuit court. has filed de-
cision in favor of the plaintiff.
The prisoners indicted by the grand jury
last week were arranged before Judge VIII
kin yesterday, and all pleaded not guilty.
They will be tried next week.